DWI Lawyer in Bentonville

Fighting for Your Rights, Freedom & Driving Privileges in Arkansas

If you've been charged with drunk driving in Arkansas, don't hesitate to seek effective legal representation. To reduce the risk of having your license suspended or facing more serious consequences, you need a reputable DWI lawyer by your side immediately. Nelson & Marks PLLC has helped countless clients in the Bentonville area and throughout Northwest Arkansas with their DWI cases. You can trust our team to help you, too.

Can You Refuse to Take a Breathalyzer Test in Arkansas?

You can refuse to take a breathalyzer test. However, refusing to take the test implies will lead to different consequences. Although you have the "right" to refuse a test, it may constitute the separate violation of "Refusal." The results of a portable breathalyzer test are not even admissible in court due to the technology's inherent unreliability. Arkansas has an "implied consent" law that states that if you drive, you have "impliedly consented" to take a breathalyzer or another chemical test such as blood, or urine.

 Although an officer cannot physically force you to take a breathalyzer or other chemical test (except with a search warrant issued by a judge), you will be charged with a Refusal to Submit to a Chemical Test if you refuse to take such a test. If you want to know if you should refuse the test or not, you must evaluate your own personal consequences, typically relating to the associated drivers license suspension that will likely result, if you take the test or if you refuse.

Call (479) 202-4541 today to schedule a consultation with a renowned Bentonville DUI lawyers. You can meet with us in a free consultation.

DUI vs. DWI in Arkansas: What You Need to Know

In Arkansas, DWI refers to an adult who has a BAC greater than 0.08. A DUI, on the other hand, refers to an underage (younger than 21) driver with a BAC between 0.02 and 0.08. For someone’s first DWI, their license will be suspended for 6 months. For each subsequent DWI in a 5-year period, that suspension increases. If you have received a fourth DWI within a five year time span, your license will be revoked permanently.

When Does a DWI Become a Felony in Arkansas?

In Arkansas, 4 or more DWIs is considered a felony. If you are convicted of a felony DUI, you are facing a four-year license revocation (with no possibility of a restricted license) and the possibility of spending years behind bars.

Nelson & Marks PLLC is Committed to Your Success

Our team has extensive experience working as both a prosecutor and a defense lawyer dealing with DWI/DUI cases.

When you reach out to Nelson & Marks PLLC, we will:

• Collect video evidence
• Investigate the validity of your traffic stop
• Check on the current status of your license
• Strive for Charge Reduction or Dismissal

We have established strong professional relationships with many different prosecutors in the area, as well as with many of the local judges. They are well aware of our reputation and our long track record of success. Using a wide variety of innovative case strategies, We work relentlessly to preserve our clients’ driving privileges and reduce the impact of their DWI charges. We can help you, too.